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PEOPLE v. PEELER

No. 163667, No. 163672, No. 164191.

984 N.W.2d 80 (2022)

509 Mich. 381

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Nancy PEELER, Defendant-Appellant. People of the State of Michigan, Plaintiff-Appellee, v. Richard Louis Baird, Defendant-Appellant. People of the State of Michigan, Plaintiff-Appellee, v. Nicolas Lyon, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 28, 2022.

Attorney(s) appearing for the Case

Fadwa A. Hammoud , Solicitor General, Kym L. Worthy , Prosecuting Attorney, and Gallant Fish , Daniel Ping , Christopher Kessel , and Molly Kettler , Assistant Attorneys General, for the people.

Gurewitz & Raben, PLC, Detroit (by Harold Gurewitz ), for Nancy Peeler.

Levine & Levine, Kalamazoo (by Randall S. Levine and Anastase Markou ), for Richard L. Baird.

Willey & Chamberlain LLP, Grand Rapids (by Charles E. Chamberlain, Jr. , and Britt M. Cobb ), Bursch Law PLLC, Caledonia (by John J. Bursch ), and Varnum LLP, Grand Rapids (by Ronald G. DeWaard , Brion B. Doyle , and Regan A. Gibson ) for Nicolas Lyon.

Doug Lloyd and Timothy A. Baughman , Detroit, for the Prosecuting Attorneys Association of Michigan, amicus curiae.

Cramer, Minock & Sweeney PLC (by John Minock , Ann Arbor) and Matthew Monahan , for the Criminal Defense Attorneys of Michigan, amicus curiae.

Dickinson Wright PLLC (by J. Benjamin Dolan , Phillip J. DeRosier , Detroit, and Seth B. Waxman ), for Jarrod Agen, amicus curiae.

Ashlii M. Dyer and Doster Law Offices, PLLC (by Eric E. Doster ), for American Conservative Union Foundation, amicus curiae.

Warner Norcross + Judd LLP, Grand Rapids (by Devin S. Schindler , Gaëtan GervilleRéache , Charles Ash , and Brian Lennon ), for Governor Richard Snyder, amicus curiae.

Rusek Law PLLC (by Alexander S. Rusek , Okernos), for Howard Croft, amicus curiae.

BEFORE THE ENTIRE BENCH (except Clement, J.)

OPINION

Nancy Peeler, Richard L. Baird, and Nicolas Lyon were state employees investigated and charged for their roles in the Flint water crisis. But for some reason, they were not charged the way that almost everyone in Michigan is charged—with a criminal complaint issued by a prosecutor and followed by a preliminary...

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